Esteban Nunez versus Kevin Cooper

The Los Angeles Times editorialized Tuesday that outgoing Gov. Arnold Schwarzenegger should not have commuted the sentence of Esteban Nunez, but instead should have commuted the sentence of Kevin Cooper.

There are doubtless worthier inmates. We can think of one off the top of our heads: Kevin Cooper, who remains on death row despite significant doubts raised by a federal judge about the fairness of his murder conviction. Schwarzenegger ignored the considerable evidence in Cooper’s favor, meaning that California may soon be guilty of executing an innocent man. Too bad for Cooper that his dad never smoked cigars with the governor.

To be clear, I am not a supporter of the state’s death penalty system and I’m not here to call for Cooper’s execution. However, unlike the LA Times editorial board, my distaste for the current application of capital punishment does not make me blind to the evidence in Cooper’s case.

Anyone who wholeheartedly argues Cooper is innocent is in the same category in my mind as the conspiracy theorist who believes the moon landing was staged and that Lee Harvey Oswald was a patsy.

Some inconsistencies can be found in almost any series of events when they are examined obsessively over the course of decades. If someone choose to seize solely upon only those inconsistencies, even the most incontrovertible of facts can start to appear suspect.

Cooper’s case is no different.

There are aspects of the evidence that are open to question or criticism. While it is healthy that those aspects be examined, any such endeavor must be done without ignoring the strong and compelling evidence that points to Cooper’s guilt.

The pundits who now argue that Cooper is innocent have failed to adhere to such a standard. They have neglected to provide a complete and full accounting of the facts and in some instances have blatantly misrepresented the state of the evidence.

It’s truly a shame they could be so lazy and haphazard on an issue of such great public importance. As a former journalist, I’m saddened by what I’ve seen.

The bottom line here: Schwarzenegger did his homework and that’s why he turned down Cooper’s request years ago.